Clyde Findley, Attorney

Clyde is a seasoned practitioner who specializes in patent litigation at both the trial and appellate levels. His particular focus on software disputes is a natural evolution of his 20-year career as a software developer. Many of those early years also included executive positions in upper management as well as ownership of two small software engineering companies. Using that wide-ranging experience, Clyde provides counseling and advice on technical and business issues, as well as a variety of legal matters.

As a litigator, Clyde is involved in all aspects of legal disputes, from pre-suit investigations through expert discovery, motions practice, settlement negotiation, trial, and appeal. His cases have involved many different technologies, including object linking and embedding, vehicle interface and control systems, variable data printing, network monitoring, digital music, and navigation systems.

Clyde has also drafted and prosecuted patent applications and has prepared opinions covering patent validity, enforceability, and infringement. His technical subject matter experience includes real-time control systems, games, combat simulators, telecommunications, language compilers and translators, database management systems, and a variety of business methods.

Before joining Cloudigy Law, Clyde was a litigator at the Washington, DC offices of Kenyon & Kenyon and Crowell & Moring.

Clyde is fascinated by neuroscience and cognitive psychology, particularly the mechanisms that underlie human reason, perception, and belief. He is an active member of the West Springfield chapter of Rotary International. And on weekends, you may catch a glimpse of Clyde riding his Harley on the back roads of Virginia.

Practice Areas

  • Patents
  • Copyrights
  • Civil Litigation

Technology Focus

  • Computer Science
  • Software Engineering
  • Electrical Engineering
  • Business Methods

Industry Emphasis

  • Information Systems
  • Automotive Engineering
  • Telecommunications

Selected Litigations

  • TomTom, Inc. v. Adolph, (Fed. Cir.)-Successful appeal of 5 district court claim construction rulings resulting in complete reversal and remand.
  • Oracle America, Inc. v. Service Key et al., (N.D. Cal.)-Successful settlement of copyright infringement, unfair competition, and Computer Fraud and Abuse Act in pretrial phase for government contractor.
  • Recticel AutomobileSysteme GmbH v. Automotive Components Holdings, LLC, (E.D. Mich.)-Successful settlement for Recticel in patent infringement suit involving method of manufacturing two-tone elastomeric skins for automobile interiors)
  • Research In Motion Ltd. v. Eastman Kodak Co.,  (N.D. Tex.)-Supported counter-claim plaintiff in expert discovery portion of multi-firm patent infringement suit involving object linking and embedding software within Internet browsers.
  • Association of Community Organizations for Reform Now v. Lisa Dickerson, (D. Md.)-In pro bono First Amendment case, achieved summary judgment ruling that the Maryland Transit Administration had improperly restricted the rights of individuals to engage in free speech activities on public property.
  • 602531 British Columbia, LTD v. Mercedes-Benz USA, LLC,  (D. NJ)-Achieved voluntary dismissal with prejudice for Mercedes-Benz in a patent infringement suit involving automobile user interface software.
  • Automotive Technologies Int’l, Inc, v. Delphi Corp., et al., (E.D. Mich.)-Represented defendant in patent infringement suit involving automotive air bag suppression technology, securing summary judgment of invalidity against all asserted patents.
  • Quantum Systems Integrators, Inc. v. Sprint Nextel Corporation,  (E.D. Va.)-Successful trial decision in favor of Sprint in copyright infringement case involving network monitoring software.
  • R.R. Donnelley v. Kodak,  (D. Del.)-Represented Kodak in patent infringement action involving variable data printing software.
  • Hayes v. Penny & Giles, (D. N.J.)-Represented Penny& Giles in patent infringement action involving endothermic heat sink for protecting flight data recorders from fire.
  • Curtiss-Wright v. Velan,  (W.D. Tex.)-Represented Curtiss-Wright in patent infringement action involving industrial valves used to de-head coke drums during oil refining operations.
  • Sightsound.com v. CDNow, (W.D. Pa.)-Represented Sightsound in patent infringement action involving sale of music in digital form over the Internet.

Affiliations & Memberships

  • American Bar Association
  • American Intellectual Property Law Association
  • Association for Computing Machinery
  • Institute for Electronics and Electrical Engineers

Publications

  • Unfair Competition and the ITC – Actions Before the International Trade Commission Under Section 337 of the Tariff Act of 1930 (2004 Edition) by Donald Knox Duvall; General Editors: Philip J. McCabe, John W. Bateman; Senior Co-Editor: Fred T. Grasso; Co-Editors: Clyde E. Findley, John B. McDaniel, Robert F. Vroom.
  • Getting Patently Offensive (analysis of recent high-dollar awards in patent cases), Brian S. Mudge and Clyde Findley, C|Net News.com, January 2004.
  • International Patent Licensing Issues and Concerns, William K. Wells and Clyde Findley, American Conference Institute conference on Licensing Intellectual Property, San Francisco, CA, Dec. 2003.
  • Festo – Who Decides Prosecution History Estoppel?, Clyde E. Findley, Walter E. Hanley, Jr., Kenyon & Kenyon website Hot Topic (www.kenyon.com), March 2003.
  • Valuation Strategies For IP Assets, William K. Wells and Clyde Findley, Sept. 2001.
  • Stupidity — A View From One Skilled in the Art (a humorous discussion of the natural human reliance on incomplete information and artificial models of reality), The Docket: George Mason University School of Law Newspaper, August 16, 2001.
  • The Fiasco in Florida: A Legal Perspective (a short analysis of the Democratic litiga-tion strategy during the 2000 Presidential Election protest in Florida), The Docket: George Mason University School of Law Newspaper, February 6, 2001.
  • Optimal Layouts for the San Diego Processing and Distribution Center, Feldman, Findley, Lu, Tsai; Report to the U.S. Postal Service, May 1994.
  • An Analysis of Material Handling and Mail Processing Equipment Configurations in USPS Processing & Distribution Centers, Feldman, Findley, Lu; Report to the U.S. Postal Service, July 1993.
  • An Analysis of the Postal Automated Staging and Retrieval System (PASRS) for the West Sacramento, California Mail Processing Center, Findley, Weller; Jet Poste 93 Conference on Postal Technology, The Technical Research Department of La Poste, Cité des Congrès, Nantes (France), June 14 – 16, 1993.
  • A 3-D Control and Simulation Analysis Tool For The United States Postal Service, Barbera, Lu, Fitzgerald, Findley; American Society of Mechanical Engineers Japan-USA Symposium, San Francisco, CA, July 13-15, 1992.
  • Methods of Mosaicking Multiple Videodisc Map Images, Findley, Brooks, Singer, Tepe; Perceptronics Technical Paper, 1988.
  • Local Geocoordinate Error Correction in Videodisc Mapping Systems, Findley, Singer, Brooks; Perceptronics Technical Paper, 1988.
  • Real-time Surrogate Travel using Videodisc Technology, Donelson, Findley; Videomagic Laboratories Technical Paper, 1984.
  • Videodisc Mapping Techniques, Johnston, Smoot, Findley; Perceptronics Technical Paper, 1983.
  • Multiple Air Combat Evaluation, Higginbotham, Glascow, Findley, et al.; Institute for Defense Analyses, 1981.

Bar & Court Admissions

  • District of Columbia
  • Virginia
  • Virginia Supreme Court
  • District of Columbia Court of Appeals
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Eastern District of Michigan
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • Registered Patent Attorney, U.S. Patent and Trademark Office

Education

  • George Mason University, School of Law
    J.D., Cum Laude, 2002, Intellectual Property Track
    Managing Editor, George Mason Law Review
  • Virginia Polytechnic Institute
    Graduate Study in Computer Science, 1983-1987
  • George Washington University
    Graduate Study in Computer Science, 1978-1981
  • James Madison University
    B.S., 1977; Major: Mathematics; Minor: Biology